HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/02/2020 - SECOND READING OF ORDINANCE NO. 074, 2020, AUTHORIAgenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY June 2, 2020
City Council
STAFF
David Myers, Land Conservation Manager
Kyle Shook, Real Estate Senior Specialist
Tawnya Ernst, Real Estate Specialist III
Zoe Shark, Public Engagement Manager
Ingrid Decker, Legal
SUBJECT
Second Reading of Ordinance No. 074, 2020, Authorizing the Conveyance of a Permanent Waterline
Easement and a Temporary Construction Easement on Maxwell Natural Area to the Fort Collins Loveland
Water District.
EXECUTIVE SUMMARY
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
• Priority 4 - Items that are substantially complete, have completed significant public process, and are ready
for Council consideration.
This Ordinance, unanimously adopted on May 19, 2020, authorizes the conveyance of a permanent waterline
easement and a temporary construction easement to the Fort Collins Loveland Water District (FCLWD) on
Maxwell Natural Area. The proposed easement area will traverse Maxwell Natural Area over a new alignment
and vacate in-place a portion of the original waterline alignment presently held by FCLWD on the east side of
the natural area. Replacing the existing failing waterline is crucial for water service to residents supplied by the
waterline.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, May 19, 2020 (w/o attachments) (PDF)
2. Ordinance No. 074, 2020 (PDF)
Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY May 19, 2020
City Council
STAFF
David Myers, Land Conservation Manager
Kyle Shook, Real Estate Senior Specialist
Zoe Shark, Public Engagement Manager
Tawnya Ernst, Real Estate Specialist III
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 074, 2020, Authorizing the Conveyance of a Permanent Waterline Easement
and a Temporary Construction Easement on Maxwell Natural Area to the Fort Collins Loveland Water District.
EXECUTIVE SUMMARY
This item meets the following COVID-19 emergency priorities for being on the Council agenda:
Priority 4 - Items that are substantially complete, have completed significant public process, and are ready
for Council consideration.
The purpose of this item is to authorize the conveyance of a permanent waterline easement and a temporary
construction easement to the Fort Collins Loveland Water District (FCLWD) on Maxwell Natural Area. The
proposed easement area will traverse Maxwell Natural Area over a new alignment and vacate in-place a portion
of the original waterline alignment presently held by FCLWD on the east side of the natural area. Replacing the
existing failing waterline is crucial for water service to residents supplied by the waterline.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Maxwell Natural Area is a 344-acre foothill natural area situated near Horsetooth Reservoir, north of South
County Road 23 and west of the Ponds at Overland Park Subdivision. Fort Collins-Loveland Water District
(FCLWD) owns a one-acre inholding within the Natural Area that contains a water storage tank that supplies its
customers in the immediate area.
FCLWD approached Natural Areas staff in January 2019 requesting an easement to install a 20-inch waterline
through a portion of the Maxwell Natural Area to tie into an existing waterline within the Ponds at Overland Park
Subdivision. This waterline easement will replace an existing 16 inch steel waterline that has failed due to age.
The original waterline was installed in 1973 prior to the development of the adjacent neighborhood and
acquisition of the Natural Area. The steel waterline has severe corrosion due to rust and is failing with multiple
breaks over the past year.
At a preliminary meeting in January 2019, FCLWD explained to Natural Areas staff the nearly impossible
challenge of replacing the waterline in its original location. FCLWD team worked with Natural Areas staff to
create the proposed alignment that will serve the needs of FCLWD and minimize impacts to habitat and visitor
experience on Maxwell Natural Area. The new alignment will allow access for future maintenance using existing
roads (Attachment 1).
ATTACHMENT 1
Agenda Item 15
Item # 15 Page 2
Once construction is complete and the new waterline is operational, FCLWD will vacate the original easement.
The 20-foot wide permanent easement covers 0.857 acres (37,340 square feet) and the temporary construction
easement crosses 1.286 acres (56,003 square feet) of the natural area.
Environmental Impact
Minimal environmental impact is anticipated because the site is mostly smooth brome and other non-native
species. The areas of Maxwell Natural Area with significant native habitat will not be affected. Visitor use will be
slightly affected in the area; however, the heavily used main trails will not be affected.
CITY FINANCIAL IMPACTS
In accordance with Sec. 23-114 of the Municipal Code, any conveyance of City real property must be for an
amount equal to or greater than the fair market value. The estimated market value of the City’s ownership in the
requested easements is as follows: $2,576 per year for the temporary construction easement and $8,588 for the
permanent easement plus a $3,858 restoration fee ($3,000 per acre for approximately 1.286 acres of
disturbance). The easement fees are based on 100% of the per acre full fair market value of the natural area.
FCLWD will pay all fees associated with this project prior to recording of the easement.
BOARD / COMMISSION RECOMMENDATION
At its November 19, 2019, meeting, the Land Conservation Stewardship Board voted unanimously to
recommend City Council approve the conveyance of the waterline easement to Fort Collins Loveland Water
District. (Attachment 2)
ATTACHMENTS
1. Project Location Map (PDF)
2. Land Conservation and Stewardship Minutes - November 19, 2019 (PDF)
-1-
ORDINANCE NO. 074, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PERMANENT WATERLINE EASEMENT
AND A TEMPORARY CONSTRUCTION EASEMENT ON MAXWELL NATURAL AREA
TO THE FORT COLLINS LOVELAND WATER DISTRICT
WHEREAS, the City is the owner of a parcel of land near Horsetooth Reservoir north of
South County Road 23 known as Maxwell Natural Area (the “City Property”); and
WHEREAS, the Fort Collins Loveland Water District (“District”) owns a one-acre
inholding within the City Property that contains a water storage tank supplying District customers
in the immediate area; and
WHEREAS, the District also owns a 16” steel waterline in an easement on the City
Property that connects to its water tank; and
WHEREAS, the District needs to replace the 16” waterline, which is failing, with a new
20” waterline, and has requested an easement on the City Property to install the new line because
it would be nearly impossible to replace the old waterline in the same location; and
WHEREAS, the location of the new easement is shown and described on Exhibit “A”,
attached and incorporated herein by reference (the “Easement”); and
WHEREAS, the District is also requesting a temporary construction easement to allow
construction of the new pipeline, as shown and described on Exhibit “B”, attached and
incorporated herein by reference (the “TCE”); and
WHEREAS, the District will pay the City fair market value of $2,576/year for the TCE
and $8,588 for the Easement, plus a $3,858.00 restoration fee ($3,000/acre for approximately 1.286
acres of disturbance); and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey
or otherwise dispose of any interests in real property owned by the City, provided the City Council
first finds, by ordinance, that such sale or other disposition is in the best interests of the City; and
WHEREAS, at its regular meeting on November 19, 2019, the Land Conservation and
Stewardship Board voted to recommend City Council approve the conveyance of the Easement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the conveyance of the Easement and
TCE to the District as provided herein is in the best interests of the City.
-2-
Section 3. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Easement and TCE to the District on terms and conditions consistent with
this Ordinance, together with such additional terms and conditions as the City Manager, in
consultation with the City Attorney, determines are necessary or appropriate to protect the interests
of the City or effectuate the purposes of this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 19th day of
May, A.D. 2020 and to be presented for final passage on the 2nd day of June, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 2nd day of June, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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